In the next chapter of the pay data reporting saga, the EEOC has filed a Motion with the court seeking an order “determining that the EEO-1 Component 2 data collection is deemed complete.” The EEOC is reporting that

“as October 8, 2019, 75.9% of eligible filers had submitted Component 2 data.

EEOC previously suggested that the reporting be deemed complete once 72.7% of Component 2 reports have been filed. Thus, by EEOC’s calculations, that benchmark has been achieved.

EEOC has committed to keeping the portal open for 6 weeks past the September 30th deadline – or until November 11, 2019 – but is requesting the Court enter an Order permitting it to close the portal at that time. It will reportedly cost EEOC $1.5 million to keep the portal open until November 11th and $150,000 per week thereafter.

EEOC reports it has conferred with Plaintiff’s in the matter and they are opposed to the motion as they disagree with EEOC’s calculation of the completion benchmark. According to the Motion, Plaintiff’s assert the reporting should not be deemed complete until 98.25% of the reports have been received, and the portal should remain open until that time.

The parties must now await action by Judge Chutkan or a ruling in the currently pending appeal of her initial order, which may be more likely. Stay tuned for further updates.